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Texas Agency LawListing_agreements_txHARD

Broker Davis has an exclusive right-to-sell listing. The seller wants to sell the property to a family member at below market value to help the relative. Davis knows the sale price is significantly below market. Under Texas law, what should Davis do?

Correct Answer

C) Process the sale but recommend the seller consult with a tax advisor about potential gift tax implications

A seller has the right to sell their property at any price they choose, including below market value to a family member. Davis should process the sale but recommend the seller consult with a tax advisor about potential gift tax implications, as this is outside the license holder's expertise.

Answer Options
A
Refuse to process the sale because it is below market value
B
Report the sale to TREC as a potentially fraudulent transaction
C
Process the sale but recommend the seller consult with a tax advisor about potential gift tax implications
D
Insist the seller list the property at market value to protect the seller's interests

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Related Topics & Key Terms

Key Terms:

below_marketfamily_saletax_implicationsseller_choice

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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